APHC010587222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30492/2025 Between: 1. GOTTAPU KAMINAIDU, S/O GOTTAPU LAKSHMANA, AGED ABOUT 32 YEARS, OCC PVT EMPLOYEE, R/O 8-43A, BADANGI MANDALAM, MUGADA, VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535578. 2. GOTTAPU.LAKSHMANA, S/O LAKSHMU, AGED ABOUT 55 YEARS, OCC PVT EMPLOYEE, R/O 8-43A, BADANGI MANDALAM, MUGADA, VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535578. 3RD 3. GOTTAPU. LAKSHMI, W/O.LAKSHMANA, AGED ABOUT 50 YEARS, OCC HOUSEWIFE, 8-43A, BADANGI MANDALAM, MUGADA, VIZIANAGARAM DISTRICT, ANDHRA PRADESH535578. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR, ANDHRA PRADESH. 3. 3. SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 4. 4. STATION HOUSE OFFICER, NIDADAVOLE POLICE STATION, NIDADAVOLE, WEST GODAVARI DISTRICT, ANDHRA PRADESH- 2 534301. 5. 5. VARA MARIYA RANI, D/O VARA SHARANU RAJU, AGED ABOUT 26 YEARS, OCC HOUSEWIFE, R/O 3-24/1, TALLAPALEM ROAD, TALLAPALEM, NIDADAVOLU MANDALAM, SETTIPETA, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534301 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondents No.4 in summoning the petitioners to their police station without any registration of crime and threatening petitioners with dire consequences as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 4 not to interfere with the life and liberty of the Petitioners unless authorized by the law and also direct the Respondent No.2 to 3 to take stringent action against Respondent No.4 and their staff for illegally detaining the petitioners at the police station pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 to 4 not to summon the petitioners to their police station and not to visit the residence unless authorized by law pending disposal of Writ Petition and pass Counsel for the Petitioner(S): 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30492 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondents No.4 in summoning the petitioners to their police station without any registration of crime and threatening petitioners with dire consequences as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 4 not to interfere with the life and liberty of the Petitioners unless authorized by the law and also direct the Respondent No.2 to 3 to take stringent action against Respondent No.4 and their staff for illegally detaining the petitioners at the police station pass…” 2. Heard Sri Venkata Mohan Rao Pathakota, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by the respondent No.5, the petitioners were called to the police station for counseling to both wife and husband. The petitioners and the respondent No.5 were sent to one stop centre, Rajamahendravaram for counseling. 4. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 4 5. Recording the above said submissions, this Writ Petition is disposed of. However, the police are directed not to call the petitioners to the police station without there being any crime registered against them. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30492 of 2025 Dated.06.11.2025 UPS 134